Konsep Hak Asasi Manusia

 Terdapat Empat kelompok Hak Asasi Manusia:

1.   Hak-hak asasi Negatif (Liberal)

    = Melindungi kehidupan peribadi manusia 
        terhadap  campur tangan negara
        dan kekuatan sosial lainnya

2.   Hak-hak asasi Aktif (Demokrasi)

    = Keyakinan akan kedaulatan,
       hak rakyat memerintah 
       diri sendiri 

3.   Hak-hak asasi positif

    = Menuntut prestasi negara 
       berupa  pelayanan 

       publik

4.   Hak-hak asasi Sosial

    = Perluasan pahar kewajiban negara

Universal Declaration of Human Rights 1948 

Article 1  All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2 Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3 Everyone has the right to life, liberty and security of person.

Article 4 No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6 Everyone has the right to recognition everywhere as a person before the law.

Article 7 All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9 No one shall be subjected to arbitrary arrest, detention or exile.

Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him

Article 11

1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

RINGKASAN PASAL DEKLARASI UNIVERSAL HAK ASASI MANUSIA

Human Right in Malaysia

Human right in Malaysia currently has 183 Articles and 13 Schedules. Human right in Malaysia is consist from Article 5 to 13.

Fundamental liberties are rights and freedoms that people should have as human beings. Some fundamental liberties are mentioned  in the Constitution which are  ‘guaranteed’ and cannot be taken away from us unless the Constitution itself allows it.

Fundamental Liberties

Article 5 : Right to Life and Liberty

Article 6  : No Slavery

Article 7 : Protection against  exposition criminal laws and repeated trials

Article 8 : Equality

Article 9 : Prohibition of Banishment and Freedom of Movement

Article 10 :Freedom of Speech, Assembly and Association

Article 11 :Freedom of Religion

Article 12 :Rights in respect of Education

Article 13 :Rights to Property

Right to Life and Liberty (Article 5 )

Article 5 enshrines a number of basic fundamental human rights:

üo person may be deprived of life or personal liberty except in accordance with law.

ü a person who is unlawfully detained may be released by the High Court .

ü a person has the right to be informed of the reasons of his arrest and to be legally represented by a lawyer of his choice.

ü a person may not be arrested for more than 24 hours without a magistrate's note that once a person is formally charged, permission.

Article 6 - No Slavery

• No one can be made a slave or forced to work. However, Parliament may make laws to require Malaysians to provide compulsory national service.

•  Work or service required from a person who is convicted of a crime is not considered forced labour.

Article 7 – Protection against  exposition criminal laws and   

            repeated trials

ü  No one can be made a slave or forced to work. However, Parliament may make laws to    

        require Malaysians to provide compulsory national service.

ü    Work or service required from a person who is convicted of a crime is not considered forced   labor.

Article 8 – Equality

ü All persons are equal before the law and entitled to the equal protection of the law (Article number: 8)

ü There shall be no discrimination in favor of any person on the ground that he is a subject of the Ruler of the State. (Article number: 8)

Article 9 - Prohibition of Banishment and Freedom of    

           Movement

ü A person cannot be punished for something which at the time when it was done was not an offense.

ü If the punishment for a crime is increased, a person who committed the crime before the punishment was increased cannot be given that increased punishment.

ü A person who has been acquitted or convicted of an offence shall not be tried again for the same offence, unless the conviction  is quashed (set aside) and a retrial is ordered.

Article 10 - Freedom of Speech, Assembly, and Association

ü Every citizen has the right to freedom of speech and expression( Article : 10)

ü All citizens have the right to assemble peaceably and without arms( Article : 10)

Article: 11 - Freedom of Religion

ü Every person has the right to  practice his or her  religion  (Article : 11)

Article 12 - Rights in respect of Education

ü In respect of education, Article 12 provides that there shall be no discrimination against any citizen on the grounds only of religion, race, descent or place of birth.

Article 13 - Rights to Property

ü Article 13 provides that no person may be deprived of property save in accordance with law. No law may provide for the compulsory acquisition or use of property without adequate compensation.

 Hak Asasi Manusia di Malaysia